US (United States) Code. Title 15. Chapter 49: Fire prevention and control

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Commerce and Trade

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-CITE-

15 USC CHAPTER 49 - FIRE PREVENTION AND CONTROL 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 49 - FIRE PREVENTION AND CONTROL

.

-HEAD-

CHAPTER 49 - FIRE PREVENTION AND CONTROL

-MISC1-

Sec.

2201. Congressional findings.

2202. Declaration of purpose.

2203. Definitions.

2204. United States Fire Administration.

(a) Establishment.

(b) Administrator.

(c) Deputy Administrator.

2205. Public education.

2206. National Academy for Fire Prevention and Control.

(a) Establishment.

(b) Superintendent.

(c) Powers of Superintendent.

(d) Program of the Academy.

(e) Technical assistance.

(f) Assistance to State and local fire service

training programs.

(g) Site selection.

(h) Construction costs.

(i) Educational and professional assistance.

(j) Board of Visitors.

(k) Accreditation.

(l) Admission.

2207. Fire technology.

(a) Development.

(b) Limitation on manufacture and sale of equipment.

(c) Management studies.

(d) Rural assistance.

(e) Coordination.

2208. National Fire Data Center.

(a) Functions.

(b) Methods.

(c) Dissemination of fire data.

2209. Master plans.

(a) Encouragement by Administrator.

(b) ''Master plan'' defined.

2210. Reimbursement for costs of firefighting on Federal property.

(a) Filing of claims.

(b) Determination.

(c) Payment.

(d) Adjudication.

2211. Review of fire prevention codes.

2212. Fire safety effectiveness statements.

2213. Annual conference.

2214. Public safety awards.

(a) Establishment.

(b) Description.

(c) Award.

(d) Regulations.

(e) ''Public safety officer'' defined.

2215. Reports to Congress and President.

2216. Authorization of appropriations.

2217. Public access to information.

2218. Administrative provisions.

(a) Assistance to Administrator.

(b) Powers of Administrator.

(c) Audit.

(d) Inventions and discoveries.

(e) Coordination.

2219. Assistance to Consumer Product Safety Commission.

2220. Arson prevention, detection, and control.

2221. Arson prevention grants.

(a) Definitions.

(b) Grants.

(c) Goals.

(d) Structuring of applications.

(e) State qualification criteria.

(f) Extension.

(g) Technical assistance.

(h) Consultation and cooperation.

(i) Assessment.

(j) Regulations.

(k) Administration.

(l) Purchase of American made equipment and products.

2222, 2223. Repealed.

2223a. Review.

2223b. Working group.

2223c. Report and recommendations.

2223d. Annual revision of recommendations.

2223e. ''Emergency response personnel'' defined.

2224. Listings of places of public accommodation.

(a) Submissions by States.

(b) Compilation and distribution of master list.

2225. Fire prevention and control guidelines for places of public

accommodation.

(a) Contents of guidelines.

(b) Exceptions.

(c) Effect on State and local law.

(d) Definitions.

2225a. Prohibiting Federal funding of conferences held at

non-certified places of public accommodation.

(a) In general.

(b) Waiver.

(c) Notice requirements.

(d) Effective date.

2226. Dissemination of fire prevention and control information.

2227. Fire safety systems in federally assisted buildings.

(a) Definitions.

(b) Federal employee office buildings.

(c) Housing.

(d) Regulations.

(e) State and local authority not limited.

(f) Prefire plan.

(g) Reports to Congress.

(h) Relation to other requirements.

2228. CPR training.

2229. Firefighter assistance.

(a) Definition of firefighting personnel.

(b) Assistance program.

(c) Audits.

(d) State defined.

(e) Authorization of appropriations.

2230. Surplus and excess Federal equipment.

2231. Cooperative agreements with Federal facilities.

2232. Burn research.

(a) Office.

(b) Safety organization grants.

(c) Hospital grants.

(d) Other grants.

(e) Report.

(f) Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 16 section 2106.

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15 USC Sec. 2201 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 49 - FIRE PREVENTION AND CONTROL

-HEAD-

Sec. 2201. Congressional findings

-STATUTE-

The Congress finds that -

(1) The National Commission on Fire Prevention and Control,

established pursuant to Public Law 90-259, has made an exhaustive

and comprehensive examination of the Nation's fire problem, has

made detailed findings as to the extent of this problem in terms

of human suffering and loss of life and property, and has made

ninety thoughtful recommendations.

(2) The United States today has the highest per capita rate of

death and property loss from fire of all the major industrialized

nations in the world.

(3) Fire is an undue burden affecting all Americans, and fire

also constitutes a public health and safety problem of great

dimensions. Fire kills 12,000 and scars and injures 300,000

Americans each year, including 50,000 individuals who require

extended hospitalization. Almost $3 billion worth of property is

destroyed annually by fire, and the total economic cost of

destructive fire in the United States is estimated conservatively

to be $11,000,000,000 per year. Firefighting is the Nation's

most hazardous profession.

(4) Such losses of life and property from fire are unacceptable

to the Congress.

(5) While fire prevention and control is and should remain a

State and local responsibility, the Federal Government must help

if a significant reduction in fire losses is to be achieved.

(6) The fire service and the civil defense program in each

locality would both benefit from closer cooperation.

(7) The Nation's fire problem is exacerbated by (A) the

indifference with which some Americans confront the subject; (B)

the Nation's failure to undertake enough research and development

into fire and fire-related problems; (C) the scarcity of reliable

data and information; (D) the fact that designers and purchasers

of buildings and products generally give insufficient attention

to fire safety; (E) the fact that many communities lack adequate

building and fire prevention codes; and (F) the fact that local

fire departments spend about 95 cents of every dollar

appropriated to the fire services on efforts to extinguish fires

and only about 5 cents on fire prevention.

(8) There is a need for improved professional training and

education oriented toward improving the effectiveness of the fire

services, including an increased emphasis on preventing fires and

on reducing injuries to firefighters.

(9) A national system for the collection, analysis, and

dissemination of fire data is needed to help local fire services

establish research and action priorities.

(10) The number of specialized medical centers which are

properly equipped and staffed for the treatment of burns and the

rehabilitation of victims of fires is inadequate.

(11) The unacceptably high rates of death, injury, and property

loss from fire can be reduced if the Federal Government

establishes a coordinated program to support and reinforce the

fire prevention and control activities of State and local

governments.

-SOURCE-

(Pub. L. 93-498, Sec. 2, Oct. 29, 1974, 88 Stat. 1535.)

-REFTEXT-

REFERENCES IN TEXT

The National Commission on Fire Prevention and Control,

established pursuant to Public Law 90-259, referred to in par. (1),

refers to the Commission established pursuant to Pub. L. 90-259,

title II, Sec. 201-207, Mar. 1, 1968, 82 Stat. 36, which provisions

were set out as a note under section 278f of this title. The

Commission has expired pursuant to sections 203(c) and 207 of Pub.

L. 90-259.

-MISC2-

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-503, title I, Sec. 101, Nov. 13, 2000, 114 Stat.

2298, provided that: ''This title (enacting sections 2230 and 2231

of this title, amending sections 1511, 2203, 2204, 2206, 2209,

2210, 2214 to 2218 and 2220 of this title, sections 151302 to

151304 and 151307 of Title 36, Patriotic and National Observances,

Ceremonies, and Organizations, and section 290a of Title 42, The

Public Health and Welfare, and repealing sections 2222 and 2223 of

this title) may be cited as the 'Fire Administration Authorization

Act of 2000'.''

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-108, Sec. 1, Nov. 20, 1997, 111 Stat. 2264, provided

that: ''This Act (amending sections 2216, 2225, and 2227 of this

title and enacting provisions set out as notes under sections 2204

and 2218 of this title) may be cited as the 'United States Fire

Administration Authorization Act for Fiscal Years 1998 and 1999'.''

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-254, Sec. 1, May 19, 1994, 108 Stat. 679, provided

that: ''This Act (enacting sections 2221 and 2228 of this title,

amending sections 2216, 2220, and 2227 of this title, and enacting

provisions set out as notes under this section and section 2216 of

this title) may be cited as the 'Arson Prevention Act of 1994'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-391, Sec. 1, Sept. 25, 1990, 104 Stat. 747, provided

that: ''This Act (enacting sections 2224, 2225, 2225a and 2226 of

this title and section 5707a of Title 5, Government Organization

and Employees, amending section 2203 of this title and sections

5701 and 5707 of Title 5, and enacting provisions set out as notes

under this section and sections 5707 and 5707a of Title 5) may be

cited as the 'Hotel and Motel Fire Safety Act of 1990'.''

SHORT TITLE

Section 1 of Pub. L. 93-498 provided: ''That this Act (enacting

this chapter and section 290a of Title 42, The Public Health and

Welfare, amending sections 278f and 1511 of this title, and

repealing section 278g of this title) may be cited as the 'Federal

Fire Prevention and Control Act of 1974'.''

STUDY ON NEED FOR FEDERAL ASSISTANCE TO STATE AND LOCAL COMMUNITIES

TO FUND FIREFIGHTING AND EMERGENCY RESPONSE ACTIVITIES

Pub. L. 106-398, Sec. 1 ((div. A), title XVII, Sec. 1701(b)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-363, provided that:

''(1) Requirement for study. - The Director of the Federal

Emergency Management Agency shall conduct a study in conjunction

with the National Fire Protection Association to -

''(A) define the current role and activities associated with

the fire services;

''(B) determine the adequacy of current levels of funding; and

''(C) provide a needs assessment to identify shortfalls.

''(2) Time for completion of study; report. - The Director shall

complete the study under paragraph (1), and submit a report on the

results of the study to Congress, within 18 months after the date

of the enactment of this Act (Oct. 30, 2000).

''(3) Authorization of appropriations. - There are authorized to

be appropriated to the Federal Emergency Management Agency $300,000

for fiscal year 2001 to carry out the study required by paragraph

(1).''

LOCAL FIREFIGHTER AND EMERGENCY SERVICES TRAINING

Pub. L. 104-132, title VIII, Sec. 819, Apr. 24, 1996, 110 Stat.

1316, provided that:

''(a) Grant Authorization. - The Attorney General, in

consultation with the Director of the Federal Emergency Management

Agency, may make grants to provide specialized training and

equipment to enhance the capability of metropolitan fire and

emergency service departments to respond to terrorist attacks.

''(b) Authorization of Appropriations. - There are authorized to

be appropriated for fiscal year 1997, $5,000,000 to carry out this

section.''

(For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.)

ARSON PREVENTION AND CONTROL; CONGRESSIONAL FINDINGS

Pub. L. 103-254, Sec. 2, May 19, 1994, 108 Stat. 679, provided

that: ''Congress finds that -

''(1) arson is a serious and costly problem, and is responsible

for approximately 25 percent of all fires in the United States;

''(2) arson is a leading cause of fire deaths, accounting for

approximately 700 deaths annually in the United States, and is

the leading cause of property damage due to fire in the United

States;

''(3) estimates of arson property losses are in the range of

$2,000,000,000 annually, or approximately 1 of every 4 dollars

lost to fire;

''(4) the incidence of arson in the United States is seriously

underreported, in part because of the lack of adequate

participation by local jurisdictions in the National Fire

Incident Reporting System (NFIRS) and the Uniform Crime Reporting

(UCR) program;

''(5) there is a need for expanded training programs for arson

investigators;

''(6) there is a need for improved programs designed to enable

volunteer firefighters to detect arson crimes and to preserve

evidence vital to the investigation and prosecution of arson

cases;

''(7) according to the National Fire Protection Association, of

all the suspicious and incendiary fires estimated to occur, only

1/3 are confirmed as arson; and

''(8) improved training of arson investigators will increase

the ability of fire departments to identify suspicious and

incendiary fires, and will result in increased and more effective

prosecution of arson offenses.''

CONGRESSIONAL FINDINGS AND PURPOSE

Pub. L. 101-391, Sec. 2, Sept. 25, 1990, 104 Stat. 747, provided

that:

''(a) Findings. - Congress finds that -

''(1) more than 400 Americans have lost their lives in

multistory hotel fires over the last 5 years;

''(2) when properly installed and maintained, automatic

sprinklers and smoke detectors provide the most effective

safeguards against the loss of life and property from fire;

''(3) automatic sprinklers and smoke detectors should

supplement and not supplant other fire protection measures,

including existing requirements for fire resistive walls and fire

retardant furnishings;

''(4) some State and local governments and the hotel industry

need to act more rapidly to require the installation and use of

automatic sprinkler systems in hotels; and

''(5) through the United States Fire Administration and the

Center for Fire Research, the Federal Government has helped to

develop and promote the use of residential sprinkler systems and

other means of fire prevention and control.

''(b) Purpose. - It is the purpose of this Act (see Short Title

of 1990 Amendment note above) to save lives and protect property by

promoting fire and life safety in hotels, motels, and all places of

public accommodation affecting commerce.''

WAIVER OF FEDERAL LIABILITY

Pub. L. 101-391, Sec. 7, Sept. 25, 1990, 104 Stat. 752, provided

that: ''In any action for damages resulting from a fire at a place

of public accommodation, the Federal Government may not be found

liable for the death of or injury to any person or damage to any

property because an officer or employee of the Federal Government

was negligent in carrying out any requirement under this Act (see

Short Title of 1990 Amendment note above) or the amendments made by

this Act.''

EFFECT ON CERTAIN REQUIREMENTS

Pub. L. 101-391, Sec. 8, Sept. 25, 1990, 104 Stat. 752, provided

that: ''Nothing in this Act (see Short Title of 1990 Amendment note

above) shall be construed to encourage model building code

organizations, or State or local governments, to reduce

requirements for fire resistive walls or other safety features.''

REORGANIZATION PLAN NO. 3 OF 1978

43 F.R. 41943, 92 STAT. 3788

Prepared by the President and transmitted to the Senate and the

House of Representatives in Congress assembled, June 19, 1978,

pursuant to the provisions of Chapter 9 of Title 5 of the United

States Code.

PART I. FEDERAL EMERGENCY MANAGEMENT AGENCY

SEC. 101. ESTABLISHMENT OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY

There is hereby established as an independent establishment in

the Executive Branch, the Federal Emergency Management Agency (the

''Agency'').

SEC. 102. THE DIRECTOR

The Agency shall be headed by a Director, who shall be appointed

by the President, by and with the advice and consent of the Senate,

and shall be compensated at the rate now or hereafter prescribed by

law for level II of the Executive Schedule (5 U.S.C. 5313).

SEC. 103. THE DEPUTY DIRECTOR

There shall be within the Agency a Deputy Director, who shall be

appointed by the President, by and with the advice and consent of

the Senate, and shall be compensated at the rate now or hereafter

prescribed by law for level IV of the Executive Schedule (5 U.S.C.

5315). The Deputy Director shall perform such functions as the

Director may from time to time prescribe and shall act as Director

during the absence or disability of the Director or in the event of

a vacancy in the Office of the Director.

SEC. 104. ASSOCIATE DIRECTORS

There shall be within the Agency not more than four Associate

Directors, who shall be appointed by the President, by and with the

advice and consent of the Senate, two of whom shall be compensated

at the rate now or hereafter prescribed by law for level IV of the

Executive Schedule (5 U.S.C. 5315), one of whom shall be

compensated at the rate now or hereafter prescribed by law for

level V of the Executive Schedule (5 U.S.C. 5316) and one of whom

shall be compensated at the rate now or hereafter prescribed by law

for GS-18 of the General Schedule (set out under 5 U.S.C. 5332).

The Associate Directors shall perform such functions as the

Director may from time to time prescribe.

SEC. 105. REGIONAL DIRECTORS

There shall be within the Agency ten regional directors who shall

be appointed by the Director in the excepted service and shall be

compensated at the rate now or hereafter prescribed by law for

GS-16 of the General Schedule (set out under 5 U.S.C. 5332).

SEC. 106. PERFORMANCE OF FUNCTIONS

The Director may establish bureaus, offices, divisions, and other

units within the Agency. The Director may from time to time make

provision for the performance of any function of the Director by

any officer, employee, or unit of the Agency.

PART II. TRANSFER OF FUNCTIONS

SEC. 201. FIRE PREVENTION

There are hereby transferred to the Director all functions vested

in the Secretary of Commerce, the Administrator and Deputy

Administrator of the National Fire Prevention and Control

Administration, and the Superintendent of the National Academy for

Fire Prevention and Control pursuant to the Federal Fire Prevention

and Control Act of 1974, as amended, (15 U.S.C. 2201 through 2219);

exclusive of the functions set forth at Sections 18 and 23 of the

Federal Fire Prevention and Control Act (15 U.S.C. 278(f) and

1511).

SEC. 202. FLOOD AND OTHER MATTERS

There are hereby transferred to the Director all functions vested

in the Secretary of Housing and Urban Development pursuant to the

National Flood Insurance Act of 1968, as amended, and the Flood

Disaster Protection Act of 1973, as amended, (42 U.S.C. 2414 and 42

U.S.C. 4001 through 4128), and Section 1 of the National Insurance

Development Act of 1975, as amended, (89 Stat. 68) (set out as a

note under 12 U.S.C. 1749bbb).

SEC. 203. EMERGENCY BROADCAST SYSTEM

There are hereby transferred to the Director all functions

concerning the Emergency Broadcast System, which were transferred

to the President and all such functions transferred to the

Secretary of Commerce, by Reorganization Plan Number 1 (set out in

the Appendix to Title 5, Government Organization and Employees).

PART III. GENERAL PROVISIONS

SEC. 301. TRANSFER AND ABOLISHMENT OF AGENCIES AND OFFICERS

The National Fire Prevention and Control Administration and the

National Academy for Fire Prevention and Control and the positions

of Administrator of said Administration and Superintendent of said

Academy are hereby transferred to the Agency. The position of

Deputy Administrator of said Administration (established by 15

U.S.C. 2204(c)) is hereby abolished.

SEC. 302. INCIDENTAL TRANSFERS

So much of the personnel, property, records, and unexpended

balances of appropriations, allocations and other funds employed,

used, held, available, or to be made available in connection with

the functions transferred under this Plan, as the Director of the

Office of Management and Budget shall determine, shall be

transferred to the appropriate agency, or component at such time or

times as the Director of the Office of Management and Budget shall

provide, except that no such unexpended balances transferred shall

be used for purposes other than those for which the appropriation

was originally made. The Director of the Office of Management and

Budget shall provide for terminating the affairs of any agencies

abolished herein and for such further measures and dispositions as

such Director deems necessary to effectuate the purposes of this

Reorganization Plan.

SEC. 303. INTERIM OFFICERS

The President may authorize any persons who, immediately prior to

the effective date of this Plan, held positions in the Executive

Branch to which they were appointed by and with the advice and

consent of the Senate, to act as Director, Deputy Director, and

Associate Directors of the Agency, until those offices are for the

first time filled pursuant to the provisions of this Reorganization

Plan or by recess appointment, as the case may be. The President

may authorize any such person to receive the compensation attached

to the Office in respect of which that person so serves, in lieu of

other compensation from the United States.

SEC. 304. EFFECTIVE DATE

The provisions of this Reorganization Plan shall become effective

at such time or times, on or before April 1, 1979, as the President

shall specify, but not sooner than the earliest time allowable

under Section 906 of Title 5, United States Code.

(Pursuant to Ex. Ord. 12127, Mar. 31, 1979, 44 F.R. 19367, this

Reorg. Plan is effective Apr. 1, 1979)

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

Today I am transmitting Reorganization Plan No. 3 of 1978. The

plan improves Federal emergency management and assistance. By

consolidating emergency preparedness, mitigation and response

activities, it cuts duplicative administrative costs and

strengthens our ability to deal effectively with emergencies.

The plan, together with changes I will make through Executive

action, would merge five agencies from the Departments of Defense,

Commerce, HUD, and GSA into one new agency.

For the first time, key emergency management and assistance

functions would be unified and made directly accountable to the

President and Congress. This will reduce pressures for increased

costs to serve similar goals.

The present situation has severely hampered Federal support of

State and local emergency organizations and resources, which bear

the primary responsibility for preserving life and property in

times of calamity. This reorganization has been developed in close

cooperation with State and local governments.

If approved by the Congress, the plan will establish the Federal

Emergency Management Agency, whose Director shall report directly

to the President. The National Fire Prevention and Control

Administration (in the Department of Commerce), the Federal

Insurance Administration (in the Department of Housing and Urban

Development), and oversight responsibility for the Federal

Emergency Broadcast System (now assigned in the Executive Office of

the President) would be transferred to the Agency. The Agency's

Director, its Deputy Director, and its five principal program

managers would be appointed by the President with the advice and

consent of the Senate.

If the plan takes effect, I will assign to the Federal Emergency

Management Agency all authorities and functions vested by law in

the President and presently delegated to the Defense Civil

Preparedness Agency (in the Department of Defense). This will

include certain engineering and communications support functions

for civil defense now assigned to the U.S. Army.

I will also transfer to the new Agency all authorities and

functions under the Disaster Relief Acts of 1970 and 1974 (sections

4401 et seq. and 5121 et seq. of Title 42, The Public Health and

Welfare) now delegated to the Federal Disaster Assistance

Administration in the Department of Housing and Urban Development.

I will also transfer all Presidential authorities and functions

now delegated to the Federal Preparedness Agency in the General

Services Administration, including the establishment of policy for

the national stockpile. The stockpile disposal function, which is

statutorily assigned to the General Services Administration, would

remain there. Once these steps have been taken by Executive Order,

these three agencies would be abolished.

Several additional transfers of emergency preparedness and

mitigation functions would complete the consolidation. These

include:

Oversight of the Earthquake Hazards Reduction Program, under

Public Law 95-124 (section 7701 et seq. of Title 42), now carried

out by the Office of Science and Technology Policy in the

Executive Office of the President.

Coordination of Federal activities to promote dam safety,

carried by the same Office.

Responsibility for assistance to communities in the development

of readiness plans for severe weather-related emergencies,

including floods, hurricanes, and tornadoes.

Coordination of natural and nuclear disaster warning systems.

Coordination of preparedness and planning to reduce the

consequences of major terrorist incidents. This would not alter

the present responsibility of the executive branch for reacting

to the incidents themselves.

This reorganization rests on several fundamental principles:

First, Federal authorities to anticipate, prepare for, and

respond to major civil emergencies should be supervised by one

official responsible to the President and given attention by other

officials at the highest levels.

The new Agency would be in this position. To increase White

House oversight and involvement still further, I shall establish by

Executive Order an Emergency Management Committee, to be chaired by

the Federal Emergency Management Agency Director. Its membership

shall be comprised of the Assistants to the President for National

Security, Domestic Affairs and Policy and Intergovernmental

Relations, and the Director, Office of Management and Budget. It

will advise the President on ways to meet national civil

emergencies. It will also oversee and provide guidance on the

management of all Federal emergency authorities, advising the

President on alternative approaches to improve performance and

avoid excessive costs.

Second, an effective civil defense system requires the most

efficient use of all available emergency resources. At the same

time, civil defense systems, organization, and resources must be

prepared to cope with any disasters which threaten our people. The

Congress has clearly recognized this principle in recent changes in

the civil defense legislation.

The communications, warning, evacuation, and public education

processes involved in preparedness for a possible nuclear attack

should be developed, tested, and used for major natural and

accidental disasters as well. Consolidation of civil defense

functions in the new Agency will assure that attack readiness

programs are effectively integrated into the preparedness

organizations and programs of State and local government, private

industry, and volunteer organizations.

While serving an important ''all hazards'' readiness and response

role, civil defense must continue to be fully compatible with and

be ready to play an important role in our Nation's overall

strategic policy. Accordingly, to maintain a link between our

strategic nuclear planning and our nuclear attack preparedness

planning, I will make the Secretary of Defense and the National

Security Council responsible for oversight of civil defense related

programs and policies of the new Agency. This will also include

appropriate Department of Defense support in areas like program

development, technical support, research, communications,

intelligence and emergency operations.

Third, whenever possible, emergency responsibilities should be

extensions of the regular missions of Federal agencies. The

primary task of the Federal Emergency Management Agency will be to

coordinate and plan for the emergency deployment of resources that

have other routine uses. There is no need to develop a separate

set of Federal skills and capabilities for those rare occasions

when catastrophe occurs.

Fourth, Federal hazard mitigation activities should be closely

linked with emergency preparedness and response functions. This

reorganization would permit more rational decisions on the relative

costs and benefits of alternative approaches to disasters by making

the Federal Emergency Management Agency the focal point of all

Federal hazard mitigation activities and by combining these with

the key Federal preparedness and response functions.

The affected hazard mitigation activities include the Federal

Insurance Administration which seeks to reduce flood losses by

assisting states and local governments in developing appropriate

land uses and building standards and several agencies that

presently seek to reduce fire and earthquake losses through

research and education.

Most State and local governments have consolidated emergency

planning, preparedness and response functions on an ''all hazard''

basis to take advantage of the similarities in preparing for and

responding to the full range of potential emergencies. The Federal

Government can and should follow this lead.

Each of the changes set forth in the plan is necessary to

accomplish one or more of the purposes set forth in section 901(a)

of title 5 of the United States Code. The plan does not call for

abolishing any functions now authorized by law. The provisions in

the plan for the appointment and pay of any head or officer of the

new agency have been found by me to be necessary.

I do not expect these actions to result in any significant

changes in program expenditures for those authorities to be

transferred. However, cost savings of between $10 to $15 million

annually can be achieved by consolidating headquarters and regional

facilities and staffs. The elimination (through attrition) of

about 300 jobs is also anticipated.

The emergency planning and response authorities involved in this

plan are vitally important to the security and well-being of our

Nation. I urge the Congress to approve it. Jimmy Carter.

The White House, June 19, 1978

-EXEC-

EX. ORD. NO. 12127. TRANSFER OF FUNCTIONS TO FEDERAL EMERGENCY

MANAGEMENT AGENCY

Ex. Ord. No. 12127, Mar. 31, 1979, 44 F.R. 19367, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including Section 304 of

Reorganization Plan No. 3 of 1978 (set out as a note under this

section), and in order to provide for the orderly activation of the

Federal Emergency Management Agency, it is hereby ordered as

follows:

1-101. Reorganization Plan No. 3 of 1978 (43 FR 41943), which

establishes the Federal Emergency Management Agency, provides for

the transfer of functions, and the transfer and abolition of

agencies and offices, is hereby effective.

1-102. The Director of the Office of Management and Budget shall,

in accord with Section 302 of the Reorganization Plan, provide for

all the appropriate transfers, including those transfers related to

all the functions transferred from the Department of Commerce, the

Department of Housing and Urban Development, and the President.

1-103. (a) The functions transferred from the Department of

Commerce are those vested in the Secretary of Commerce, the

Administrator and Deputy Administrator of the National Fire

Prevention and Control Administration (now the United States Fire

Administration (Sec. 2(a) of Public Law 95-422)), and the

Superintendent of the National Academy for Fire Prevention and

Control pursuant to the Federal Fire Prevention and Control Act of

1974, as amended (15 U.S.C. 2201 et seq.) (this chapter) but not

including any functions vested by the amendments made to other acts

by Sections 18 and 23 of that Act (15 U.S.C. 278f and 1511). The

functions vested in the Administrator by Sections 24 and 25 of that

Act, as added by Sections 3 and 4 of Public Law 95-422 (15 U.S.C.

2220 and 2221), are not transferred to the Director of the Federal

Emergency Management Agency. Those functions are transferred with

the Administrator and remain vested in him. (Section 201 of the

Plan.)

(b) There was also transferred from the Department of Commerce

any function concerning the Emergency Broadcast System which was

transferred to the Secretary of Commerce by Section 5B of

Reorganization Plan No. 1 of 1977 (42 FR 56101; implemented by

Executive Order No. 12046 of March 27, 1978) (set out in Title 5,

Appendix, Government Organization and Employees; set out as a note

under section 305 of Title 47, Telegraphs, Telephones, and

Radiotelegraphs). (Section 203 of the Plan.)

1-104. The functions transferred from the Department of Housing

and Urban Development are those vested in the Secretary of Housing

and Urban Development pursuant to Section 15(e) of the Federal

Flood Insurance Act of 1956, as amended (42 U.S.C. 2414(e)), and

the National Flood Insurance Act of 1968, as amended (42 U.S.C.

4001 et seq.) and the Flood Disaster Protection Act of 1973, as

amended (42 U.S.C. 4001 et seq.), and Section 520(b) of the

National Housing Act, as amended (12 U.S.C. 1735d(b)), to the

extent necessary to borrow from the Treasury to make payments for

reinsured and directly insured losses, and Title XII of the

National Housing Act, as amended (12 U.S.C. 1749bbb et seq., and as

explained in Section 1 of the National Insurance Development Act of

1975 (Section 1 of Public Law 94-13 at 12 U.S.C. 1749bbb note)).

(Section 202 of the Plan.)

1-105. The functions transferred from the President are those

concerning the Emergency Broadcast System which were transferred to

the President by Section 5 of Reorganization Plan No. 1 of 1977 (42

FR 56101; implemented by Executive Order No. 12046 of March 27,

1978) (set out in Title 5, Appendix, Government Organization and

Employees; set out as a note under section 305 of Title 47,

Telegraphs, Telephones, and Radiotelegraphs). (Section 203 of the

Plan.)

1-106. This Order shall be effective Sunday, April 1, 1979.

Jimmy Carter.

-CITE-

15 USC Sec. 2202 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 49 - FIRE PREVENTION AND CONTROL

-HEAD-

Sec. 2202. Declaration of purpose

-STATUTE-

It is declared to be the purpose of Congress in this chapter to -

(1) reduce the Nation's losses caused by fire through better

fire prevention and control;

(2) supplement existing programs of research, training, and

education, and to encourage new and improved programs and

activities by State and local governments;

(3) establish the United States Fire Administration and the

Fire Research Center within the Department of Commerce; and

(4) establish an intensified program of research into the

treatment of burn and smoke injuries and the rehabilitation of

victims of fires within the National Institutes of Health.

-SOURCE-

(Pub. L. 93-498, Sec. 3, Oct. 29, 1974, 88 Stat. 1536; Pub. L.

95-422, Sec. 2(a)(1), Oct. 5, 1978, 92 Stat. 932.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'' meaning Pub. L. 93-498, Oct. 29, 1974, 88 Stat. 1535, as

amended, which is classified principally to this chapter. For

complete classification of the Act to the Code, see Short Title

note set out under section 2201 of this title and Tables.

-MISC2-

AMENDMENTS

1978 - Par. (3). Pub. L. 95-422 substituted ''United States Fire

Administration'' for ''National Fire Prevention and Control

Administration''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

The National Fire Prevention and Control Administration (now

United States Fire Administration) and the National Academy for

Fire Prevention and Control and the positions of Administrator of

the Administration and Superintendent of the Academy were

transferred to an independent agency in the Executive Branch, to be

known as the Federal Emergency Management Agency, and all functions

vested in the Secretary of Commerce, the Administrator and Deputy

Administrator of the National Fire Prevention and Control

Administration, and the Superintendent of the National Academy for

Fire Prevention and Control pursuant to the provisions of this

chapter, with the exception of those functions under sections 2220

and 2221 of this title which remain vested in the Administrator of

the United States Fire Administration, were transferred to the

Director of the Federal Emergency Management Agency pursuant to

Reorg. Plan No. 3 of 1978, Sec. 201, 301, June 19, 1978, 43 F.R.

41944, 92 Stat. 3788, set out as a note under section 2201 of this

title, effective Apr. 1, 1979, pursuant to Ex. Ord. No. 12127, Sec.

1-101, 1-103(a), Mar. 31, 1979, 44 F.R. 19367.

-CITE-

15 USC Sec. 2203 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 49 - FIRE PREVENTION AND CONTROL

-HEAD-

Sec. 2203. Definitions

-STATUTE-

As used in this chapter, the term -

(1) ''Academy'' means the National Academy for Fire Prevention

and Control;

(2) ''Administration'' means the United States Fire

Administration established pursuant to section 2204 of this

title;

(3) ''Administrator'' means the Administrator of the United

States Fire Administration;

(4) ''Director'' means the Director of the Federal Emergency

Management Agency;

(5) ''fire service'' means any organization in any State

consisting of personnel, apparatus, and equipment which has as

its purpose protecting property and maintaining the safety and

welfare of the public from the dangers of fire, including a

private firefighting brigade. The personnel of any such

organization may be paid employees or unpaid volunteers or any

combination thereof. The location of any such organization and

its responsibility for extinguishment and suppression of fires

may include, but need not be limited to, a Federal installation,

a State, city, town, borough, parish, county, fire district, fire

protection district, rural fire district, or other special

district. The terms ''fire prevention'', ''firefighting'', and

''fire control'' relate to activities conducted by a fire

service;

(6) ''local'' means of or pertaining to any city, town, county,

special purpose district, unincorporated territory, or other

political subdivision of a State;

(7) ''place of public accommodation affecting commerce'' means

any inn, hotel, or other establishment not owned by the Federal

Government that provides lodging to transient guests, except that

such term does not include an establishment treated as an

apartment building for purposes of any State or local law or

regulation or an establishment located within a building that

contains not more than 5 rooms for rent or hire and that is

actually occupied as a residence by the proprietor of such

establishment; and

(8) ''State'' means any State, the District of Columbia, the

Commonwealth of Puerto Rico, the Virgin Islands, the Canal Zone,

Guam, American Samoa, the Trust Territory of the Pacific Islands

and any other territory or possession of the United States.

-SOURCE-

(Pub. L. 93-498, Sec. 4, Oct. 29, 1974, 88 Stat. 1536; Pub. L.

95-422, Sec. 2(a)(1), Oct. 5, 1978, 92 Stat. 932; Pub. L. 101-391,

Sec. 3(b), Sept. 25, 1990, 104 Stat. 749; Pub. L. 106-503, title I,

Sec. 110(a)(2)(A), Nov. 13, 2000, 114 Stat. 2302.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in par. (8), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-MISC2-

AMENDMENTS

2000 - Pars. (7) to (9). Pub. L. 106-503 inserted ''and'' after

semicolon in par. (7), redesignated par. (9) as (8), and struck out

former par. (8) which read as follows: '' 'Secretary' means the

Secretary of Commerce; and''.

1990 - Pars. (4) to (9). Pub. L. 101-391 added pars. (4) and (7)

and redesignated former pars. (4), (5), (6), and (7) as (5), (6),

(8), and (9), respectively.

1978 - Pars. (2), (3). Pub. L. 95-422 substituted ''United States

Fire Administration'' for ''National Fire Prevention and Control

Administration''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

Functions of National Fire Prevention and Control Administration

(now United States Fire Administration) and National Academy for

Fire Prevention and Control generally transferred to Federal

Emergency Management Agency. For further details see Transfer of

Functions note set out under section 2202 of this title.

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 36 section 151302.

-CITE-

15 USC Sec. 2204 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 49 - FIRE PREVENTION AND CONTROL

-HEAD-

Sec. 2204. United States Fire Administration

-STATUTE-

(a) Establishment

There is hereby established in the Department of Commerce an

agency which shall be known as the United States Fire

Administration.

(b) Administrator

There shall be at the head of the Administration the

Administrator of the United States Fire Administration. The

Administrator shall be appointed by the President, by and with the

advice and consent of the Senate, and shall be compensated at the

rate now or hereafter provided for level IV of the Executive

Schedule pay rates (5 U.S.C. 5315). The Administrator shall report

and be responsible to the Director.

(c) Deputy Administrator

There shall be in the Administration a Deputy Administrator of

the United States Fire Administration who shall be appointed by the

President, by and with the advice and consent of the Senate, and

who shall be compensated at the rate now or hereafter provided for

level V of the Executive Schedule pay rates (5 U.S.C. 5316). The

Deputy Administrator shall perform such functions as the

Administrator shall from time to time assign or delegate, and shall

act as Administrator during the absence or disability of the

Administrator or in the event of a vacancy in the office of

Administrator.

-SOURCE-

(Pub. L. 93-498, Sec. 5, Oct. 29, 1974, 88 Stat. 1536; Pub. L.

95-422, Sec. 2(a)(1), Oct. 5, 1978, 92 Stat. 932; Pub. L. 106-503,

title I, Sec. 110(a)(2)(B)(i), Nov. 13, 2000, 114 Stat. 2302.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b). Pub. L. 106-503 substituted ''Director'' for

''Secretary''.

1978 - Subsecs. (a) to (c). Pub. L. 95-422 substituted ''United

States Fire Administration'' for ''National Fire Prevention and

Control Administration''.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

Functions of National Fire Prevention and Control Administration

(now United States Fire Administration) and National Academy for

Fire Prevention and Control generally transferred to Federal

Emergency Management Agency. For further details see Transfer of

Functions note set out under section 2202 of this title.

-MISC5-

TERMINATION OR PRIVATIZATION OF FUNCTIONS

Pub. L. 105-108, Sec. 4, Nov. 20, 1997, 111 Stat. 2264, provided

that:

''(a) In General. - Not later than 60 days before the termination

or transfer to a private sector person or entity of any significant

function of the United States Fire Administration, as described in

subsection (b), the Administrator of the United States Fire

Administration shall transmit to Congress a report providing notice

of that termination or transfer.

''(b) Covered Terminations and Transfers. - For purposes of

subsection (a), a termination or transfer to a person or entity

described in that subsection shall be considered to be a

termination or transfer of a significant function of the United

States Fire Administration if the termination or transfer -

''(1) relates to a function of the Administration that requires

the expenditure of more than 5 percent of the total amount of

funds made available by appropriations to the Administration; or

''(2) involves the termination of more than 5 percent of the

employees of the Administration.''

NOTICE OF REPROGRAMMING OR REORGANIZATION

Pub. L. 105-108, Sec. 5, Nov. 20, 1997, 111 Stat. 2265, provided

that:

''(a) Major Reorganization Defined. - With respect to the United

States Fire Administration, the term 'major reorganization' means

any reorganization of the Administration that involves the

reassignment of more than 25 percent of the employees of the

Administration.

''(b) Notice of Reprogramming. - If any funds appropriated

pursuant to the amendments made by this Act (see Short Title of

1997 Amendment note set out under section 2201 of this title) are

subject to a reprogramming action that requires notice to be

provided to the Committees on Appropriations of the Senate and the

House of Representatives, notice of that action shall concurrently

be provided to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Science of the

House of Representatives.

''(c) Notice of Reorganization. - Not later than 15 days before

any major reorganization of any program, project, or activity of

the United States Fire Administration, the Administrator of the

United States Fire Administration shall provide notice to the

Committees on Science and Appropriations of the House of

Representatives and the Committees on Commerce, Science, and

Transportation and Appropriations of the Senate.''

ABOLITION OF POSITION OF DEPUTY ADMINISTRATOR

Position of Deputy Administrator of National Fire Prevention and

Control Administration abolished by section 301 of Reorganization

Plan No. 3 of 1978, Sec. 301, 43 F.R. 41944, 92 Stat. 3789, set out

as a note under section 2201 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2203 of this title.

-CITE-

15 USC Sec. 2205 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 49 - FIRE PREVENTION AND CONTROL

-HEAD-

Sec. 2205. Public education

-STATUTE-

The Administrator is authorized to take all steps necessary to

educate the public and to overcome public indifference as to fire

and fire prevention. Such steps may include, but are not limited

to, publications, audiovisual presentations, and demonstrations.

Such public education efforts shall include programs to provide

specialized information for those groups of individuals who are

particularly vulnerable to fire hazards, such as the young and the

elderly. The Administrator shall sponsor and encourage research,

testing, and experimentation to determine the most effective means

of such public education.

-SOURCE-

(Pub. L. 93-498, Sec. 6, Oct. 29, 1974, 88 Stat. 1537.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

Functions of National Fire Prevention and Control Administration

(now United States Fire Administration) and National Academy for

Fire Prevention and Control generally transferred to Federal

Emergency Management Agency. For further details see Transfer of

Functions note set out under section 2202 of this title.

-CITE-

15 USC Sec. 2206 01/06/03

-EXPCITE-

TITLE 15 - COMMERCE AND TRADE

CHAPTER 49 - FIRE PREVENTION AND CONTROL

-HEAD-

Sec. 2206. National Academy for Fire Prevention and Control

-STATUTE-

(a) Establishment

The Director shall establish, at the earliest practicable date, a

National Academy for Fire Prevention and Control. The purpose of

the Academy shall be to advance the professional development of

fire service personnel and of other persons engaged in fire

prevention and control activities.

(b) Superintendent

The Academy shall be headed by a Superintendent, who shall be

appointed by the Director. In exercising the powers and authority

contained in this section the Superintendent shall be subject to

the direction of the Administrator.

(c) Powers of Superintendent

The Superintendent is authorized to -

(1) develop and revise curricula, standards for admission and

performance, and criteria for the awarding of degrees and

certifications;

(2) appoint such teaching staff and other personnel as he

determines to be necessary or appropriate;

(3) conduct courses and programs of training and education, as

defined in subsection (d) of this section;

(4) appoint faculty members and consultants without regard to

the provisions of title 5, governing appointments in the

competitive service, and, with respect to temporary and

intermittent services, to make appointments to the same extent as

is authorized by section 3109 of title 5;

(5) establish fees and other charges for attendance at, and

subscription to, courses and programs offered by the Academy.

Such fees may be modified or waived as determined by the

Superintendent;

(6) conduct short courses, seminars, workshops, conferences,

and similar education and training activities in all parts and

localities of the United States;

(7) enter into such contracts and take such other actions as

may be necessary in carrying out the purposes of the Academy; and

(8) consult with officials of the fire services and other

interested persons in the exercise of the foregoing powers.

(d) Program of the Academy

The Superintendent is authorized to -

(1) train fire service personnel in such skills and knowledge

as may be useful to advance their ability to prevent and control

fires, including, but not limited to -

(A) techniques of fire prevention, fire inspection,

firefighting, and fire and arson investigation;

(B) tactics and command of firefighting for present and

future fire chiefs and commanders;

(C) administration and management of fire services;

(D) tactical training in the specialized field of aircraft

fire control and crash rescue;

(E) tactical training in the specialized field of fire

control and rescue aboard waterborne vessels; and

(F) the training of present and future instructors in the

aforementioned subjects;

(2) develop model curricula, training programs and other

educational materials suitable for use at other educational

institutions, and to make such materials available without

charge;

(3) develop and administer a program of correspondence courses

to advance the knowledge and skills of fire service personnel;

(4) develop and distribute to appropriate officials model

questions suitable for use in conducting entrance and promotional

examinations for fire service personnel; and

(5) encourage the inclusion of fire prevention and detection

technology and practices in the education and professional

practice of architects, builders, city planners, and others

engaged in design and planning affected by fire safety problems.

(e) Technical assistance

The Administrator is authorized, to the extent that he determines

it necessary to meet the needs of the Nation, to encourage new

programs and to strengthen existing programs of education and

training by local fire services, units, and departments, State and

local governments, and private institutions, by providing technical

assistance and advice to -

(1) vocational training programs in techniques of fire

prevention, fire inspection, firefighting, and fire and arson

investigation;

(2) fire training courses and programs at junior colleges; and

(3) four-year degree programs in fire engineering at colleges

and universities.

(f) Assistance to State and local fire service training programs

The Administrator is authorized to provide assistance to State

and local fire service training programs through grants, contracts,

or otherwise. Such assistance shall not exceed 4 per centum of the

amount authorized to be appropriated in each fiscal year pursuant

to section 2216 of this title.

(g) Site selection

The Academy shall be located on such site as the Director

selects, subject to the following provisions:

(1) The Director is authorized to appoint a Site Selection

Board consisting of the Academy Superintendent and two other

members to survey the most suitable sites for the location of the

Academy and to make recommendations to the Director.

(2) The Site Selection Board in making its recommendations and

the Director in making his final selection, shall give

consideration to the training and facility needs of the Academy,

environmental effects, the possibility of using a surplus

Government facility, and such other factors as are deemed

important and relevant. The Director shall make a final site

selection not later than 2 years after October 29, 1974.

(h) Construction costs

Of the sums authorized to be appropriated for the purpose of

implementing the programs of the Administration, not more than

$9,000,000 shall be available for the construction of facilities of

the Academy on the site selected under subsection (g) of this

section. Such sums for such construction shall remain available

until expended.

(i) Educational and professional assistance

The Administrator is authorized to -

(1) provide stipends to students attending Academy courses and

programs, in amounts up to 75 per centum of the expense of

attendance, as established by the Superintendent;

(2) provide stipends to students attending courses and

nondegree training programs approved by the Superintendent at

universities, colleges, and junior colleges, in amounts up to 50

per centum of the cost of tuition;

(3) make or enter into contracts to make payments to

institutions of higher education for loans, not to exceed $2,500

per academic year for any individual who is enrolled on a

full-time basis in an undergraduate or graduate program of fire

research or engineering which is certified by the Superintendent.

Loans under this paragraph shall be made on such terms and

subject to such conditions as the Superintendent and each

institution involved may jointly determine; and

(4) establish and maintain a placement and promotion

opportunities center in cooperation with the fire services, for

firefighters who wish to learn and take advantage of different or

better career opportunities. Such center shall not limit such

assistance to students and graduates of the Academy, but shall

undertake to assist all fire service personnel.

(j) Board of Visitors

Upon establishment of the Academy, the Director shall establish a

procedure for the selection of professionals in the field of fire

safety, fire prevention, fire control, research and development in

fire protection, treatment and rehabilitation of fire victims, or

local government services management to serve as members of a Board

of Visitors for the Academy. Pursuant to such procedure, the

Director shall select eight such persons to serve as members of

such Board of Visitors to serve such terms as the Director may

prescribe. The function of such Board shall be to review annually

the program of the Academy and to make comments and recommendations

to the Director regarding the operation of the Academy and any

improvements therein which such Board deems appropriate. Each

member of